{"data":{"id":"us-tx/tex.-health-and-safety-code-1101.153","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 1101.153","heading":"BURDEN OF PROOF WITH RESPECT TO VOLUNTARY DISCLOSURE.","body":"(a) In a civil or administrative enforcement action brought against a person for a violation for which the person claims to have made a voluntary disclosure, the person claiming the immunity created by this subchapter has the burden of establishing a prima facie case that the disclosure was voluntary.\n(b) After the person claiming the immunity establishes a prima facie case of voluntary disclosure, other than a case in which immunity does not apply under Section 1101.157, the enforcement authority has the burden of rebutting the presumption by a preponderance of the evidence.\nAdded by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 20.002(a), eff. September 1, 2017.","path":["HEALTH AND SAFETY CODE","TITLE 13. ENVIRONMENTAL, HEALTH, AND SAFETY AUDIT PRIVILEGE ACT","CHAPTER 1101. ENVIRONMENTAL, HEALTH, AND SAFETY AUDIT PRIVILEGE ACT","SUBCHAPTER D. VOLUNTARY DISCLOSURE; IMMUNITY"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.1101.htm#1101.153","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"ceaaceeb8fa4e4bbb4bd678b3b3dc85ac8ecb1a04af1dd957a08a6579e4f1712","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-1101.152","next":"us-tx/tex.-health-and-safety-code-1101.154"},"notice":"GroundRules: Original legal text. Not legal advice."}